Litigation and Other Proceedings

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An employee who was allegedly fired for refusing to admit he had a substance abuse problem presented sufficient evidence to advance his claim under the “regarded as” prong of the Americans with Disabilities Act, according to a Massachusetts federal court. The employer denied terminating the employee or demanding that he admit having a substance abuse…

Although an employee clearly refused a drug test under an employer’s drug and alcohol policy, an appellate court in Alabama remanded the case to the trial court because the employer’s policy did not clearly define the testing methods to be utilized, which was an important component of determining the employee’s eligibility for unemployment benefits. Austal…

The U.S. Supreme Court denied a motion filed by the states of Nebraska and Oklahoma for leave to file a complaint against the state of Colorado, challenging that State’s legalization of marijuana. The Supreme Court denied the motion without opinion or explanation on March 21, 2016.

In December 2014, Nebraska and Oklahoma moved for leave…

An employee terminated immediately upon his return from medical leave for alcohol rehabilitation presented sufficient evidence of discrimination under the Family and Medical Leave Act, Americans with Disabilities Act and Ohio state law to present his case to a jury, according to a federal court in Ohio. The employer claimed that the employee had been…

An employer’s reliance on a positive alcohol test was held to be a legitimate and non-discriminatory basis for termination, despite the terminated employee’s argument that the test result was inaccurate.  Clark v. Boyd Tunica, Inc., 2016 U.S. Dist. LEXIS 35223 (N.D.  Miss. March 1, 2016).

Plaintiff, a line cook at Boyd Tunica, Inc., underwent…

A federal court in New Mexico dismissed the lawsuit of an employee who was fired after testing positive for marijuana, even though he used medical marijuana in accordance with state law. Garcia v. Tractor Supply Company, No. 15-cv-00735 (D.N.M. Jan. 7, 2016). The Court held that the employer did not violate New Mexico law…

The U.S. Solicitor General filed a brief  in the U.S. Supreme Court December 16, 2015 opposing Nebraska and Oklahoma’s challenge to Colorado’s legalization of marijuana. Last December, the states of Nebraska and Oklahoma filed a motion in the U.S. Supreme Court seeking permission to file suit against the state of Colorado, arguing that Colorado’s legalization…

Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. Swaw v. Safeway, Inc., No. C15-939 (W.D. Wash. Nov. 20, 2015).

After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for marijuana…

An employee who took time off under the Family and Medical Leave Act (“FMLA”) and then proceeded to become highly intoxicated –resulting in his arrest for driving while intoxicated—could not show that his termination constituted FMLA interference, FMLA retaliation or a violation of the Americans with Disabilities Act. Capps v. Mondelez Global LLC, Case No.…

A deaf employee who tested positive for hydrocodone – but could not produce a prescription for the drug – was not discriminated against due to his disability when his employer fired him.  Phillips v. PPG Industries, Inc., Case No. 5:14-CV-1274 (N.D. Alabama Nov. 24, 2015).

Phillips was employed as a “finisher” in a manufacturing…